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Piper Aircraft v. Reyno. Perth. Blackpool. Piper Inc’d Plane Built. Pers’l Rep Piper does business Hartzell doesn’t do business Lawyer. Crash Plane Reg’d Owned Maintained Operated Wreck Decedents Heirs Suit v. Other D’s. PA. CA. Britain. Hartzell Inc’d Prop Built. OH.
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Perth Blackpool
Piper Inc’d Plane Built • Pers’l Rep • Piper does business • Hartzell doesn’t do business • Lawyer Crash Plane Reg’d Owned Maintained Operated Wreck Decedents Heirs Suit v. Other D’s PA CA Britain Hartzell Inc’d Prop Built OH
In California Ct PR Sues Piper & Hartzell Separate Suits State Court D’s Remove to Fed Ct Britain Survivors Sue Owner Operator Pilot’s Estate In CA Fed Ct Piper Moves to Transfer to PA Under 1404(a) Hartzell Moves To dismiss (No PJ), or To transfer to PA Under 1406 In CA Fed Ct Court Quashes Service on Hartzell Transfers Entire Case to Pennsylvania.
Was Venue Proper in the California Federal Court? Piper Inc’d Plane Built • Pers’l Rep • Piper does business • Hartzell doesn’t do business Crash Plane Reg’d Owned Maintained Operated Wreck Decedents Heirs Suit v. Other D’s PA CA Britain Hartzell Inc’d Prop Built OH
Venue in “Diversity-Only” Cases 1391(a) • If all D’s in same state, district in which any D resides; or • District where substantial part of events or omissions giving rise to the claim occurred; or • If no other district works, district where any D is subject to pj when action commenced
Venue in Other Cases 1391(b) • If all D’s in same state, district in which any D resides; or • District where substantial part of events or omissions giving rise to the claim occurred; or • If no other district works, district where any D can be found
If all D’s reside in same state, district in which any D resides; or • District where substantial part of events giving rise to the claim occurred; or • If no other district works: district where any D can be found district where any D is subject to pj when suit commenced Diversity Fed Question
Corporate Residence – 1391(c) • For venue purposes only, a corporation resides in any judicial district in which • It is subject to pj • At the time suit commenced • Subject to special rule for multi-district states.
What is the basis for transfer to PA? Piper Inc’d Plane Built • Pers’l Rep • Piper does business • Hartzell doesn’t do business Crash Plane Reg’d Owned Maintained Operated Wreck Decedents Heirs Suit v. Other D’s PA CA Britain Hartzell Inc’d Prop Built OH
Piper - 1404(a) CA COL Hartzell - 1406 PA COL What law will the receiving court apply?
Should PA federal court dismiss based on forum non conveniens? Piper Inc’d Plane Built • Pers’l Rep • Piper does business • Hartzell doesn’t do business Crash Plane Reg’d Owned Maintained Operated Wreck Decedents Heirs Suit v. Other D’s PA CA Britain Hartzell Inc’d Prop Built OH